Browse Federal Court JudgmentsBy Judge - Abraham J |
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1. Al Muderis v Nine Network Australia Pty Ltd (Grant Costs) [2026] FCA 681
| COSTS – application for review of a decision of a registrar of the Court who determined that a third-party bear their own costs – whether the third party enjoyed success in narrowing down a category in a subpoena – whether the third party |
| Date: 2 Jun 2026 Judge: ABRAHAM J |
2. Brookhouse v Australian Broadcasting Corporation [2026] FCA 667
| PRACTICE AND PROCEDURE – application for summary dismissal – whether the applicant has no reasonable prospect of successfully prosecuting the proceeding – where statutes relied on confer no actionable private right – where pleadings were |
| Date: 2 Jun 2026 Judge: ABRAHAM J |
3. Forrest v Commonwealth Director of Public Prosecutions [2026] FCAFC 69
| CRIMINAL LAW – whether a sentencing judge must state the specific discount given for the utilitarian value of a guilty plea in sentencing for a federal offence – whether general deterrence may be a primary consideration for sentencing insider |
| Date: 22 May 2026 Judge: LEE, ABRAHAM AND VANDONGEN JJ |
4. HKRC v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 70
| MIGRATION – appeal from decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed a decision of a delegate of the |
| Date: 21 May 2026 Judge: ABRAHAM, DOWNES and YOUNAN JJ |
5. Cai v Minister for Immigration and Citizenship FCA [2026] FCA 601
| MIGRATION – application for extension of time for the review - application granted – whether the Administrative Appeals Tribunal misunderstood or misapplied Ministerial Direction No 110 - where the Tribunal correctly applied the norm in |
| Date: 15 May 2026 Judge: ABRAHAM J |
6. Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64
| HUMAN RIGHTS – where the respondent registered for the appellants’ women-only mobile phone application – where access was granted by AI software but then restricted upon review by an individual – where the respondent sought re-admission to |
| Date: 15 May 2026 Judge: PERRY, ABRAHAM AND KENNETT JJ |
7. Commissioner of the Australian Federal Police v Talwar [2026] FCA 489
| COSTS – where respondents made claim for legal professional privilege – where respondents’ conduct frustrated the resolution of the claim – where there has been conduct warranting departure from usual practice – indemnity costs – costs |
| Date: 23 Apr 2026 Judge: ABRAHAM J |
8. Al Muderis v Nine Network Australia Pty Ltd (Costs) [2026] FCA 491
| COSTS – defamation – where respondents seek costs on indemnity basis – whether special or unusual features arise from the conduct of the litigation – whether the conduct of the litigation aligned with the overarching purpose of the civil |
| Date: 23 Apr 2026 Judge: ABRAHAM J |
9. Gao v Macquarie Bank Limited [2026] FCA 289
| HUMAN RIGHTS – discrimination - application for summary dismissal of claim as against individual respondents where they were not respondents to the complaint before the Australian Human Rights Commission but were persons subject to adverse |
| Date: 24 Mar 2026 Judge: ABRAHAM J |
10. DJC17 v Minister for Immigration and Citizenship [2026] FCA 319
| MIGRATION – application under r 36.75(2) of the Federal Court Rules 2011 (Cth) to set aside order and reinstate appeal – where appeal was dismissed when the appellants did not locate the courtroom – whether there is reasonable excuse for |
| Date: 24 Mar 2026 Judge: ABRAHAM J |
11. BZV19 v Minister for Immigration and Citizenship [2026] FCA 262
| MIGRATION – application for leave to appeal – where leave to appeal was required if primary judge’s decision was interlocutory – whether the proposed notice of appeal has merits – where the applicants’ ground sought to invite the Court |
| Date: 17 Mar 2026 Judge: ABRAHAM J |
12. Trangie-Nevertire Co-Operative Limited v Holcim Solutions and Products EMEA [2026] FCA 263
| PRACTICE AND PROCEDURE – whether amendment operates from date of commencement of proceeding or date of an order allowing amendment – whether the applicant was misled as to the correct entity they should be suing – whether new claim for relief |
| Date: 17 Mar 2026 Judge: ABRAHAM J |
13. Sheahan (Trustee), in the Matter of the Bankrupt Estate of Millwood [2026] FCA 178
| PRACTICE AND PROCEDURE – consideration of an application for an order vacating an order of the Court directing the Registrar to make application for punishment of contempt – where there is no reasonable prospect that the Registrar will be able |
| Date: 27 Feb 2026 Judge: ABRAHAM J |
14. Archbishop Makarios Griniezakis v Morelas (Trial Judgment) [2026] FCA 156
| DEFAMATION – where the applicant is the Archbishop of the Australian Greek Orthodox Church – where applicant sues in defamation over four articles published on a website – where publications were published online DEFAMATION – defences – |
| Date: 27 Feb 2026 Judge: ABRAHAM J |
15. Yadav v Commissioner of Taxation [2026] FCA 140
| PRACTICE AND PROCEDURE - taxation - appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) in respect of objection decision of Commissioner of Taxation – where assessments were amended assessments issued under s 170 of |
| Date: 24 Feb 2026 Judge: ABRAHAM J |
16. Sofronoff v ACT Integrity Commission (Costs Judgment) [2026] FCA 47
| COSTS – where successful party unsuccessful on a separate issue – where there were separate hearings – appropriate to address the costs of each hearing separately |
| Date: 5 Feb 2026 Judge: ABRAHAM J |
17. Roberts v Magistrate Gett [2026] FCAFC 3
| PRACTICE AND PROCEDURE - appeals - whether appeal moot CRIMINAL LAW - appeal against dismissal of application for judicial review of decision to order forensic procedure - whether substantive grounds of review before primary judge established - |
| Date: 23 Jan 2026 Judge: BROMWICH, ABRAHAM AND VANDONGEN JJ |
18. Kruger v Thompson (No 2) [2025] FCAFC 193
| COSTS - submissions as to costs following successful appeal - where orders on appeal provided for remittal of proceedings - where appellant had been substantially but not wholly successful on appeal – where respondents sought orders as to payment |
| Date: 22 Dec 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
19. Hyland v Havas Media Australia Pty Ltd [2025] FCA 1562
| PRACTICE AND PROCEDURE – application for suppression, non-publication and removal from court file orders – where statement of claim filed but no defence or reply– matter settled prior to first case management hearing – whether suppression |
| Date: 11 Dec 2025 Judge: ABRAHAM J |
20. Baldwin v Greenhill & Co. Australia Pty Ltd [2025] FCA 1561
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where statement of claim filed but no defence – matter settled prior to first case management hearing – whether suppression and non-publication orders are |
| Date: 11 Dec 2025 Judge: ABRAHAM J |
21. King v Minister for Immigration and Multicultural Affairs [2025] FCA 1567
| MIGRATION – appeal from decision of Administrative Appeals Tribunal – where Tribunal affirmed delegate’s decision not to revoke the cancellation of visa – procedural fairness issue – self-represented litigant – where the Tribunal relied |
| Date: 11 Dec 2025 Judge: ABRAHAM J |
22. Gladiator Resources Limited v Price [2025] FCA 1566
| PRACTICE AND PROCEDURE – application for suppression orders – where orders sought in relation to the entirety of documents – suppression argued to be necessary to prevent prejudice to the proper administration of justice and to protect the |
| Date: 11 Dec 2025 Judge: ABRAHAM J |
23. Sofronoff v ACT Integrity Commission [2025] FCA 1565
| PARLIAMENTARY PRIVILEGE – whether a report by the ACT Integrity Commission is protected by parliamentary privilege – where the report was not published “for” the Legislative Assembly – where the Commissioner is an independent officer of |
| Date: 11 Dec 2025 Judge: ABRAHAM J |
24. Lehrmann v Network Ten Pty Limited [2025] FCAFC 173
| DEFAMATION - appeal against dismissal of defamation claim - special edition broadcast of The Project which included account given by Ms Higgins of sexual assault - appellant found to be identified as the alleged perpetrator - where appellant alleged |
| Date: 3 Dec 2025 Judge: WIGNEY, COLVIN AND ABRAHAM JJ |
25. Lusty v HJA25 [2025] FCA 1468
| CONTEMPT OF COURT – contempt of the Australian Criminal Intelligence Commission – contempt punishable as contempt of Federal Court – respondent in contempt by refusing to provide PIN to mobile phone – where respondent pleaded guilty – |
| Date: 28 Nov 2025 Judge: ABRAHAM J |
26. Deyanti v Minister for Immigration and Citizenship [2025] FCA 1430
| MIGRATION – application for judicial review of a delegate of the Minister for Immigration and Citizenship – whether the delegate misunderstood and misapplied s 5(3)(b) of the Australian Citizenship Act 1948 (Cth) – proper construction of s 5(3) |
| Date: 20 Nov 2025 Judge: ABRAHAM J |
27. Kaki v Minister for Immigration and Multicultural Affairs [2025] FCA 1387
| MIGRATION – application for an extension of time – judicial review of a decision of the Administrative Appeals Tribunal – application for citizenship – whether one or both of the applicant’s parents held Australian citizenship – whether |
| Date: 14 Nov 2025 Judge: ABRAHAM J |
| CIVIL PENALTY – proceeding for civil contraventions of s 73J of the National Disability Insurance Scheme Act 2013 (Cth) – where failures involved breach of National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules |
| Date: 14 Nov 2025 Judge: ABRAHAM J |
| CIVIL PENALTY – proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – where failures involved breach of NDIS Code of Conduct and NDIS Practice Guidelines – where conduct serious – |
| Date: 14 Nov 2025 Judge: ABRAHAM J |
30. Kruger v Thompson [2025] FCAFC 143
| HUMAN RIGHTS – alleged breaches of the Sex Discrimination Act 1984 (Cth) – appeal by way of rehearing – challenges to factual findings of the primary judge – held: appeal allowed – redetermination or remittal – matter to be remitted to |
| Date: 17 Oct 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
| CIVIL PENALTY – proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – respondent in liquidation –where failures involved breaches of the National Disability Insurance Scheme |
| Date: 10 Oct 2025 Judge: ABRAHAM J |
| PRACTICE AND PROCEDURE – application to strike out pleadings under r 16.21 of the Federal Court Rules 2011 (Cth) – whether pleadings fail to disclose a reasonable cause of action – accessorial liability for internet platforms – whether |
| Date: 5 Sep 2025 Judge: ABRAHAM J |
33. Lusty v EZJ25 [2025] FCA 1068
| CONTEMPT OF COURT – contempt – contempt of the Australian Criminal Intelligence Commission – contempt punishable as contempt of Federal Court – respondent in contempt by refusing to answer questions in examination – where respondent |
| Date: 5 Sep 2025 Judge: ABRAHAM J |
| COMPETITION – contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) – cartel conduct – bid rigging – where primary judge found evidence established appellants engaged in conduct that constituted attempt to make an |
| Date: 29 Aug 2025 Judge: WIGNEY, ABRAHAM AND HALLEY JJ |
35. RCLN v Minister for Immigration and Citizenship [2025] FCAFC 113
| MIGRATION – where Administrative Appeals Tribunal decided not to revoke cancellation of appellant’s visa on character grounds – where appellant had been released into the community following the Full Federal Court’s decision in Pearson v |
| Date: 26 Aug 2025 Judge: PERRY, SARAH C DERRINGTON AND ABRAHAM JJ |
36. Al Muderis v Nine Network Australia Pty Limited (No 5) [2025] FCA 908
| PRACTICE AND PROCEDURE – application for evidence of two of the respondents’ witnesses to be heard via video link from United States – application for evidence of one of the respondents’ witnesses to be heard via video link from South |
| Date: 8 Aug 2025 Judge: ABRAHAM J |
37. Al Muderis v Nine Network Australia Pty Limited (Trial Judgment) [2025] FCA 909
| DEFAMATION – where the applicant is a well-known orthopaedic surgeon – where applicant sues in defamation over a 60 Minutes program broadcast by Nine Network – where publications televised, published online and in print – where 75 defamatory |
| Date: 8 Aug 2025 Judge: ABRAHAM J |
38. Commonwealth Director of Public Prosecutions v Kirby [2025] FCA 757
| CRIMINAL LAW – sentencing – accused pleaded guilty to the provision of false and misleading information to auditors, dishonest use of his position as a director and dishonest conduct in relation to a financial product or service |
| Date: 10 Jul 2025 Judge: ABRAHAM J |
| NATIVE TITLE - non-claimant application by non-native title interest holder pursuant to s 13(1)(a) of the Native Title Act 1993 (Cth) - where application is opposed by native title representative body - consideration of the relevant onus on a |
| Date: 21 May 2025 Judge: COLVIN, ABRAHAM AND MCEVOY JJ |
40. Roberts-Smith v Fairfax Media Publications Pty Ltd (Privilege judgment) [2025] FCA 499
| PRACTICE AND PROCEDURE – application to inspect and copy document – legal professional privilege – implied waiver – whether the second respondent’s evidence is inconsistent with the maintenance of confidentiality in the document – waiver |
| Date: 30 Apr 2025 Judge: ABRAHAM J |
41. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
| CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) |
| Date: 22 Apr 2025 Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ |
42. Ahkeni v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 349
| MIGRATION –appeal from decision of the Administrative Appeals Tribunal – where Tribunal affirmed the delegate’s decision to not revoke the cancellation of visa – application of Direction 99 – applicant convicted of using an unauthorised |
| Date: 11 Apr 2025 Judge: ABRAHAM J |
| MIGRATION – judicial review – application for partner visa – appeal against decision of Primary Judge and decision of the Administrative Appeals Tribunal – where Tribunal was not satisfied the appellant had been in a genuine de facto |
| Date: 2 Apr 2025 Judge: ABRAHAM J |
| PRACTICE AND PROCEDURE – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where delegate of the Minister refused to grant a Student (Temporary) (Class TU) visa – whether the decision of the |
| Date: 27 Mar 2025 Judge: ABRAHAM J |
45. Rai v Minister for Immigration and Multicultural Affairs [2025] FCA 247
| MIGRATION – student visa – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where the applicant failed to attend – where the applicant was given sufficient notice of the hearing – |
| Date: 24 Mar 2025 Judge: ABRAHAM J |
46. Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1
| CONTEMPT OF COURT - enforcement of contempt where orders not complied with by contemnor were not endorsed - principles for assessment of damages for contempt - appeal dismissed |
| Date: 28 Jan 2025 Judge: MARKOVIC, LEE AND ABRAHAM JJ |
47. Boral Limited v Parkin [2024] FCAFC 169
| EVIDENCE - appeal from evidentiary rulings - operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') - where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors - where |
| Date: 17 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
48. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160
| MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the |
| Date: 12 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
49. Lehrmann v Network Ten Pty Limited [2024] FCA 1226
| PRACTICE AND PROCEDURE - defamation - security for costs application - stay application - where respondents seek security for costs for appeal - where appellant seeks stay on costs orders below pending outcome of appeal - where appellant impecunious |
| Date: 23 Oct 2024 Judge: ABRAHAM J |
50. Attorney-General (Cth) v Patrick [2024] FCAFC 126
| FREEDOM OF INFORMATION - request for access to an official document of a Minister (the Attorney-General) - where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions - where a new |
| Date: 25 Sep 2024 Judge: RANGIAH, MOSHINSKY AND ABRAHAM JJ |
51. Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124
| CONTEMPT OF COURT - whether the Court lacked jurisdiction because service under an order for substituted service was not effective service - whether submission to jurisdiction applies to contempt proceedings - whether the primary judge erred in |
| Date: 24 Sep 2024 Judge: ABRAHAM, HESPE AND NESKOVCIN JJ |
52. Kisun v New Zealand [2024] FCAFC 118
| EXTRADITION - appeal against decision of a Federal Court judge affirming decision of a Magistrate not to prevent surrender to New Zealand for extradition - HELD: no error established - appeal dismissed with costs |
| Date: 10 Sep 2024 Judge: BROMWICH, ABRAHAM AND HALLEY JJ |
53. Lazarus v Attorney-General (Cth) [2024] FCA 1021
| ADMINISTRATIVE LAW - application for judicial review of parole decision - whether Delegate failed to given proper, genuine and realistic consideration to relevant matters - whether decision gave rise to jurisdictional error - whether decision was an |
| Date: 6 Sep 2024 Judge: ABRAHAM J |
54. Deputy Commissioner of Taxation v Kocic (No 3) [2024] FCA 972
| PRACTICE AND PROCEDURE -- Where leave sought to file an amended originating application and repleaded statement of claim pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) (FCR) -- Where joinder of parties sought pursuant to r 9.05 of the FCR - |
| Date: 29 Aug 2024 Judge: ABRAHAM J |
55. RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 108
| MIGRATION - appeal - where Administrative Appeals Tribunal affirmed Minister's decision not to revoke cancellation of visa -Tribunal determined it was not satisfied that there was "another reason" to revoke the cancellation of appellant's visa under |
| Date: 23 Aug 2024 Judge: MURPHY, ABRAHAM AND MCEVOY JJ |
56. Tax Practitioners Board v Van Dyke [2024] FCA 899
| TAXATION - Civil penalties - admitted contraventions of s 50-5(1) of the Tax Agent Services Act 2009 (Cth) - providing tax agent services while not a registered tax agent - respondent conscious of wrongdoing - respondent continuing to breach the Act |
| Date: 14 Aug 2024 Judge: ABRAHAM J |
57. Hempel (Wattyl) Australia Pty Ltd v United Workers Union [2024] FCAFC 98
| INDUSTRIAL LAW - appeal from South Australian Employment Court - where primary judge found that employer contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay employees their wages and entitlements in accordance with enterprise |
| Date: 22 Jul 2024 Judge: RANGIAH, SNADEN AND ABRAHAM JJ |
58. Patrick v Australian Information Commissioner [2024] FCAFC 93
| ADMINISTRATIVE LAW - the appellant sought a declaration that the legal limits of the Australian Information Commissioner's authority have been exceeded and his right to an Information Commissioner review unlawfully delayed - where the appellant had |
| Date: 11 Jul 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
59. Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90
| CULTURAL HERITAGE - where "protected object of a foreign country" (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural |
| Date: 5 Jul 2024 Judge: BANKS-SMITH, ABRAHAM AND DOWNES JJ |
| CORPORATIONS - application for leave to proceed against a company in liquidation under s 500 of the Corporations Act 2001 (Cth) - where respondent is in voluntary liquidation - where proceedings allege contraventions of the National Disability |
| Date: 26 Jun 2024 Judge: ABRAHAM J |
61. AZO24 v Commonwealth of Australia [2024] FCA 555
| HIGH COURT AND FEDERAL COURT - application for leave to appeal decision for disqualification of judge on basis of apprehended bias - application refused PRACTICE AND PROCEDURE - application for leave to appeal order that no document be accepted for |
| Date: 28 May 2024 Judge: ABRAHAM J |
62. Nassif v Harbour Radio Pty Ltd [2024] FCA 466
| PRACTICE AND PROCEDURE - reinstatement of proceeding - extension of time under r 1.39 of the Federal Court Rules 2011 (Cth) - self-executing order - dismissal of proceeding - power to extend time where proceeding dismissed - stay of proceeding - |
| Date: 7 May 2024 Judge: ABRAHAM J |
63. Buzadzic v Commissioner of Taxation [2024] FCAFC 50
| TAXATION - where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation's decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall |
| Date: 17 Apr 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
64. Deputy Commissioner of Taxation v Kocic (No 2) [2024] FCA 372
| PRACTICE AND PROCEDURE - where leave sought to file an amended originating application pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) (FCR) - where leave sought to file a statement of claim - where joinder of parties sought pursuant to r |
| Date: 16 Apr 2024 Judge: ABRAHAM J |
65. Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42
| TAXATION - Goods and Services Tax - where appellant paid invoices rendered by lawyers acting on behalf of individual beneficiaries and certain related entities - where appellant claimed input tax credits in respect of the payment of those invoices - |
| Date: 20 Mar 2024 Judge: PERRAM, ABRAHAM AND BUTTON JJ |
66. Al Muderis v Nine Network Australia Pty Limited (No 4) [2024] FCA 148
| EVIDENCE - defamation proceeding - where respondents led evidence of the applicant's bad reputation - whether evidence is admissible HELD - evidence is admissible |
| Date: 18 Mar 2024 Judge: ABRAHAM J |
67. Walker v Repatriation Commission [2024] FCA 190
| ADMINISTRATIVE LAW - veterans' affairs - veterans' entitlements under the Veterans' Entitlements Act 1986 (Cth) (VEA) - application under s 39B of the Judiciary Act 1903 (Cth) - application for extension of time under r 31.02 of the Federal Court |
| Date: 7 Mar 2024 Judge: ABRAHAM J |
68. Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16
| MIGRATION - appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) - whether primary judge erred by finding that Tribunal was not required to consider and take |
| Date: 29 Feb 2024 Judge: O'BRYAN, ABRAHAM AND SHARIFF JJ |
69. Archbishop Makarios Griniezakis v Morelas [2024] FCA 100
| PRACTICE AND PROCEDURE - Rule 2.02 of the Federal Court Rules 2011 (Cth) - section 48 of the Federal Court of Australia Act 1976 (Cth) - application for transfer of proceedings commenced in the New South Wales District Registry to the Victoria |
| Date: 20 Feb 2024 Judge: ABRAHAM J |
70. Al Muderis v Nine Network Australia Pty Limited (No 2) [2024] FCA 136
| PRACTICE AND PROCEDURE - application to set aside subpoenas - objection to the grant of leave to issue further subpoenas - where recipients of subpoenas are said to be journalist's confidential sources - where there exists a court order upholding |
| Date: 20 Feb 2024 Judge: ABRAHAM J |
| MIGRATION - application for extension of time to file and serve notice of appeal - where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) rejecting an application for revocation of a |
| Date: 15 Feb 2024 Judge: SNADEN, ABRAHAM AND CHEESEMAN JJ |
72. Australian Securities and Investments Commission v Taylor [2023] FCAFC 189
| CORPORATIONS - where there is a disciplinary proceeding against an auditor - where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding - where the auditor makes an application for a stay of the |
| Date: 6 Dec 2023 Judge: MORTIMER CJ, O'BRYAN and ABRAHAM JJ |
73. Hilton International Australia Pty Ltd v Commissioner of Taxation [2023] FCA 1504
| PRACTICE AND PROCEDURE - Rule 23.01 of the Federal Court Rules 2011 (Cth) - application for Court-appointed expert - where Commissioner has been unable to secure a suitable expert primarily due to potential experts indicating that they are |
| Date: 1 Dec 2023 Judge: ABRAHAM J |
74. Carr v Attorney-General (Cth) [2023] FCA 1500
| CRIMINAL LAW - whether "suicide" in the Criminal Code Act 1995 (Cth) applies to conduct in accordance with, and authorised by, Victorian voluntary assisted dying legislation. CONSTRUCTION - Application for declaratory relief - meaning of "suicide" |
| Date: 30 Nov 2023 Judge: ABRAHAM J |
75. Ryan v Commissioner of Police, NSW Police Force (No 5) [2023] FCA 1478
| COSTS - where matter remitted - where original costs order set aside - whether circumstances justify further apportionment |
| Date: 28 Nov 2023 Judge: ABRAHAM J |
76. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
| PRACTICE AND PROCEDURE - where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether final orders should be made reflecting the answers to the case stated - proceeding dismissed |
| Date: 22 Nov 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
77. DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177
| MIGRATION - whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant's subjective fear of harm as a relevant element of the complementary protection |
| Date: 10 Nov 2023 Judge: PERRY, ABRAHAM AND GOODMAN JJ |
78. Deputy Commissioner of Taxation v Kocic [2023] FCA 1353
| PRACTICE AND PROCEDURE - whether summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) should be ordered TAXATION - income tax - application for summary judgment - production of certified copies of assessments and evidentiary |
| Date: 3 Nov 2023 Judge: ABRAHAM J |
79. Micheletto (Trustee) v Butler, in the matter of the bankrupt estate of Walsh [2023] FCA 1330
| BANKRUPTCY AND INSOLVENCY - where property of bankrupt included an interest in a property in Norfolk Island - where entire proceeds of sale of that property were paid to the respondent - where the trustees claim what they contend is the bankrupt's |
| Date: 3 Nov 2023 Judge: ABRAHAM J |
80. Kazal v Thunder Studios Inc (California) [2023] FCAFC 174
| PRACTICE AND PROCEDURE - appeal and new trial - apprehended bias - where some time prior to trial the primary judge found the second appellant guilty of contempt of court and sentenced him to a term of imprisonment - where before trial the |
| Date: 3 Nov 2023 Judge: WIGNEY, WHEELAHAN AND ABRAHAM JJ |
81. Sage v AYI23 [2023] FCA 1336
| CONTEMPT OF COURT - sentencing - contempt of the Australian Criminal Intelligence Commission - contempt punishable as contempt of Federal Court - Respondent in contempt by refusing to answer questions in examination - where respondent pleaded guilty |
| Date: 2 Nov 2023 Judge: ABRAHAM J |
82. Secretary, Department of Health and Aged Care v Vapor Kings Pty Ltd [2023] FCA 1297
| HEALTH LAW - where respondents advertised therapeutic goods that did not comply with the Therapeutic Goods Act 1989 (Cth) (TG Act) - where first respondent has contravened s 42DLB of the TG Act - where second respondent was involved in the first |
| Date: 27 Oct 2023 Judge: ABRAHAM J |
83. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (No 2) [2023] FCAFC 169
| PRACTICE AND PROCEDURE - form of orders to be made following judgment of the Full Court |
| Date: 18 Oct 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
84. Gordon v St Vincent's Hospital Sydney Limited [2023] FCA 1188
| HUMAN RIGHTS - Disability discrimination in employment - where employment terminated - where pleadings deficient - whether respondent failed to make reasonable adjustments for employee - whether any failure to make reasonable adjustments had the |
| Date: 6 Oct 2023 Judge: ABRAHAM J |
85. FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
| MIGRATION - whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal's affirmation of that refusal had |
| Date: 12 Sep 2023 Judge: SNADEN, ABRAHAM AND HALLEY JJ |
86. Diawara v National Australia Bank Limited [2023] FCA 1048
| PRACTICE AND PROCEDURE - legal professional privilege - whether legal professional privilege attaches to a document - where solicitor commissioned third party to produce document on instruction from respondent - whether document was prepared for the |
| Date: 8 Sep 2023 Judge: ABRAHAM J |
87. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
| CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to detrimental conduct engaged in prior to amendments |
| Date: 30 Aug 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
88. Ryan v Commissioner of Police, NSW Police Force (No 4) [2023] FCA 1016
| HUMAN RIGHTS - Disability discrimination in employment - where Full Court ordered matter remitted for rehearing - nature of the remittal - whether revocation of status constituted direct discrimination - characteristics of appropriate hypothetical |
| Date: 25 Aug 2023 Judge: ABRAHAM J |
| BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where transfers made by a person who later became bankrupt from his current account to a loan account held by a company - whether the |
| Date: 23 Aug 2023 Judge: DERRINGTON, ABRAHAM and JACKMAN JJ |
90. Hanson v Burston [2023] FCAFC 124
| DEFAMATION - where comments were made during an oral interview broadcast on national television - where it was pleaded that the interview conveyed imputations that the respondent sexually abused a female staffer in his parliamentary office (fourth |
| Date: 16 Aug 2023 Judge: WIGNEY, WhEELAHAN AND ABRAHAM JJ |
91. EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130
| MIGRATION - s 501(3) of the Migration Act 1958 (Cth) - where the Minister determined to exercise his discretion to cancel the appellant's visa - where the primary judge dismissed the application for judicial review of the Minister's decision - |
| Date: 15 Aug 2023 Judge: ABRAHAM, O'SULLIVAN AND RAPER JJ |
92. Saffari v Australian Information Commissioner [2023] FCAFC 127
| ADMINISTRATIVE LAW - privacy - appeal from dismissal of application for judicial review of decision of Australian Information Commissioner (AIC) - where AIC found in favour of appellant and awarded compensation - where appellant sought an order that |
| Date: 10 Aug 2023 Judge: SARAH C DERRINGTON, STEWART AND ABRAHAM JJ |
93. Australian Competition and Consumer Commission v Meta Platforms Inc [2023] FCA 842
| CONSUMER LAW - civil contraventions of Australian Consumer Law ss 18 and 33 - conduct likely to mislead or deceive or liable to mislead the public - where conduct serious - where parties agree on proposed declarations and pecuniary penalty - whether |
| Date: 26 Jul 2023 Judge: ABRAHAM J |
94. Fisher v Commonwealth of Australia [2023] FCAFC 106
| HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life |
| Date: 12 Jul 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
95. Australian Securities and Investments Commission v Select AFSL Pty Ltd (No 3) [2023] FCA 723
| CORPORATIONS - conflicted remuneration - consumer law - banking and financial institutions - directors' duties - contraventions by corporate defendants and individual defendant - numerous breaches of Corporations Act 2001 (Cth) and Australian |
| Date: 4 Jul 2023 Judge: ABRAHAM J |
| INSURANCE - proceeding for civil contraventions of Australian Securities and Investments Commission Act 2001 (Cth) and Corporations Act 2001 (Cth) - where conduct serious - where failures involved misleading or deceptive conduct or conduct that was |
| Date: 30 Jun 2023 Judge: ABRAHAM J |
97. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2023] FCAFC 93
| TRUSTS AND TRUSTEES - corporate trustee in liquidation - where liquidator assigned company's causes of action against appellants to respondents - whether assigning right, title and interest in causes of action to respondents is limited to the company |
| Date: 16 Jun 2023 Judge: WIGNEY, ANDERSON AND ABRAHAM JJ |
| CIVIL PENALTY - proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breach of NDIS Code of Conduct and NDIS Practice Guidelines - where conduct serious - where |
| Date: 14 Jun 2023 Judge: ABRAHAM J |
| INDUSTRIAL LAW - appeal against quantum of penalties - where respondent conceded three grounds of appeal - where primary judge erred in finding homophobic conduct - appeal allowed - redetermination of penalties - where conduct was deliberate and |
| Date: 25 May 2023 Judge: ABRAHAM J |
100. BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475
| MIGRATION - judicial review - application for protection visa - appeal from decision of Federal Circuit and Family Court to affirm decision of Administrative Appeals Tribunal - where primary judge found no error by Tribunal considering medical |
| Date: 16 May 2023 Judge: ABRAHAM J |
